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OR 91-500-A-239 Changes zoning to "HO-R-S.U.P." (Historic Overlay, Retail, Special Use Permit) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A239 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "HO-R" (HISTORIC OVERLAY, RETAIL) TO "HO-R-S.U.P." (HISTORIC OVERLAY, RETAIL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT FOR THE OPERATION OF A BEAUTY SHOP IN A WOODEN RESIDENTIAL STRUCTURE ON COMMERCIAL PROPERTY AND ON- SITE ASPHALT PAVING FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SURVEY PLAT, SITE PLAN, LANDSCAPE PLAN, TREE SURVEY, AND SIGN ELEVATION ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E", AND "F", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. S-1171 shotrid be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "HO-R" (Historic Overlay, Retail) to "HO-R-S.U.P." (Historic Overly, Retail- Special Use Permit) to grant a special use permit 1 30924 for the operation of a beauty shop in a wooden residential structure on commercial property and on- site asphalt paving, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a beauty shop is hereby approved subject to the following special conditions: (A) An irrigation plan that is signed and sealed by a licensed irrigator is submitted and approved. (B) That the property shall be developed in accordance with the Survey Plat, Site Plan, Landscape Plan, Tree Survey, and Sign Elevation Plan. SECTION 3. That the Survey Plat, Site Plan, Landscape Plan, Tree Survey, and Sign Elevation Plan attached hereto as Exhibits "B", "C", "D", "E", and "F" and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore mended, and as mended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That shotrid any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part 2 30924 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in .effect for this purpose. SECTION 8. That any person, finn or corporation violating any of the. provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and at~er its passage and the publication of its caption, as the la~v and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 8th day of February, 2000. APPROVED CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/25/00) 3 30924 Legal Description SURVEY PLAT This is to certify that I have, this date made a careful and accurate survey, on the ground of property located at 456 Bethel R__oa__d: Beinft all that certain lot, tract or parcel of land located in the J.W. Anderson Survey, Abstract No. 18, Coppell, Dallas County, Texas and being a part of that certain tract of land conveyed to Floyd Harwell, by deed recorded in Volume 1942, Page 139, Deed Records, Dallas County, Texas and being more particularly described as follows: Beqinnin~l at a 112 inch diameter iron rod set for corner in the present North line of Bethel Road (a 60 foot public right-of-way), said point being East, 25.00 feet from the East line of Coppell Road (a 60 foot public right-of-way); Thence_North (basis of bearing per deed, recorded in Volume 1942, Page 139), along the East line of a traci of land conveyed to Floyd Harwell, by deed recorded in Volume 4427, Page 341, Deed Records, Dallas County, Texas, passing at 49.37 feet the Northeast corner of same, continuing along a common boundary line with a tract of land conveyed to Dallas County Fresh Water Supply District No. 17, a total distance of 69.37 feet to a 112 inch diameter iron rod found for corner, said point being. the Northwest corner of said tract conveyed to Floyd Harwell (Volume 1942, Page 139); Thence South 89 deg. 43 min. 19 sec. East, continuing along said common boundary line, a distance of 100.00 feet to a chain link fence post found for corner, said point being the Nodheast corner of said tract conveyed to Floyd Harwell (Volume 1942, Pag,~ 139); Thence South, a distance of 68.88 feet to a 112 inch diameter iron rod set for corner in the said North line of Bethel Road; Thence West, along said North line, a distance of 100.00 feet to the PLACE OF BEGINNING and containing 6,912 square feet of land. SURVEY PLAT This is to certify that I have, this date made a careful and accurate survey, on the ground of property located at 456 Bethel Road: Being all that certain lot, tract or parcel of land located in the J.W. Anderson Survey, Abstract No. 18, Coppell, Dallas County, Texas and being a part of that certain tract of land conveyed to Floyd Harwell, by deed recorded in Volume 1942, Page 139, Deed Records, Dallas County, Texas and being more particularly described as follows: Beqinning at a 112 inch diameter iron rod set for corner in the present North line of Bethel Road (a 60 foot public right-of-way), said point being East, 25.00 feet from the East line of Coppell Road (a 60 loot public right-of-way); Thence Nodh (basis of bearing per deed, recorded in Volume 1942, Page 139), along the East line of a traci of land conveyed to Floyd Harwell, by deed recorded in Volume 4427, Page 341, Deed Records, Dallas County, Texas, passing at 49.37 feet the Northeast corner of same, continuing along a common boundary line with a tract of land conveyed to Dallas County Fresh Water Supply District No. 17, a total distance of 69.37 feet to a 112 inch diameter iron rod found for corner, said point being. the Northwest corner of said tract conveyed to Floyd Harwell (Volume 1942, Page 139); Thence South 89 dog. 43 min. 19 sec. East, continuing along said common boundary line, a distance of 100.00 feet to a chain link fence post found for corner, said point being the Nodheast corner of said tract conveyed to Floyd Harwell (Volume 1942, Page 139); Thence South, a distance of 68.88 feet to a 112 inch diameter iron rod set for corner in the said North line of Bethel Road; Thence West, along said North line, a distance of 100.00 feet to the PLACE OF BEGINNING and containing 6,912 square foot of land. DALLAS' COUNTY FRESH WATER suPPLY D STR CT .o. 47 VOL, 4296, PG, 611 DR/DCT. s 89' 43" 9"E 00.00' (MEAS,) ., N BRICK BLDG. ~ ASPHALT PAVING CHAIN LINK FENCE  POST AT CORNER __~ Z ll2"IRF _.o,~,,~N~i I& II II II i I UTILI~ ~ X X ~.X POLE ' - I-. ~.7': ~.s' I ~'::-.. 2.s ' ~ 1.2' :E::: .::::::.: :' :. :': DALLAS COUN~ FRESH 6,912 SQUARE FEET OF ~NO WATER SUPPLY DISTRICT PART OF J.W. ANDERSON SURVEY, '::~: '::'::~ ~:'" NO. 17 VOL. 4306, PG. 577 ABSTRACT NO. 18, COPPELL, DALLAS ::T:?::::.::'~ :': ' D~DCT. ~ COUNt, TEXAS. - :*::: "': ~ ~_ , 22,6' ..' .- · ~_ 22.0' _ ~ ..... ~ ..... , % ~ ' ....... L_./: ..... ~/,S7~, " WEST 100.00' (MEAS~~ pOLE""'/// BETHEL ROAD ,, TO AMEZI~M Title Company In conn~lion with the tran~ction descri~ in GF No. ~/~ ' ~ . The plat shown herBn is a ~rr~l and accurate representation of the pro~dy, lin~ and dimensions are as indicated; I~tion and ty~ of buildings are as shown; and BCEPT AS SHOffi, 811 Impt~ments are I~at~ within the ~undarles earmerits, encr~ments o r on the Ihe distances indicat~, and ~CE~ ~ SHOWN there are no visible and apparent ground. ~ SCALE / - 20 de~on R~lster~ ProrasCal La~ Su~or No. 4~ DATE ~ ' ~ '~ ~ ao. NO. ~-d~C~ A & W SURVEYORS, INC. ~IBI~ "B" P.O. BOX 87~29 DRAWN BY MESQUITE, TX. 751~ (214) 6814975 \\ ,~/'~' ~ k. ,. g3 ',~ ::)~ ~" ,' ~ '-.' ;. ', '.- :' . ': .' .'-.~,/'/' ::.~ .~ :: ~-: .. ~ ~ ',,".'.-'..".~,/ ,-x/ /- ck.~. 0 : ..... "' 2-'. ',-.. . ~ ;'.,. e~' .....  t,,,2~' ~ ., .. ',~: EXHIBIT '*E't (Page 2 of 2)